The Mental Capacity Act
The Mental Capacity Act is a law that protects vulnerable people over the age of 16 around decision-making. If someone needs to make a significant decision, but other people doubt their ability to make it because of their disability, an assessment can be made to determine whether they can make the decision themselves or not. If they can’t, a best interest decision can be made by other people on their behalf.
It is helpful to remember that capacity of a young person should always be presumed unless they have difficulty with the following:
- understanding the information, they need. For example, what the consequences will be or remembering the information for long enough to make the decision
- weighing up the options and making a choice
- communicating their decision in any way - for example, by blinking or squeezing a hand
You cannot decide a person lacks mental capacity because you think they’ve made a bad or strange decision. If the person cannot make a decision at a certain time, they may still be able to:
- make it at another time
- make decisions about other things
When making decisions on behalf of your child, you must comply with the Mental Capacity Act. For further information take a look at our Information Now webpage about making decisions and your mental capacity.
Do not make a decision for your young person if it can wait until they can do it themselves. Parents and professionals must always support a young person to be involved as much as possible in a decision made on their behalf, even if they do not have the capacity to make it themselves. Communication aids can support these assessments.
Some people may need an independent advocate to help gather their opinions and represent their views. Professionals within health, education or social care settings can refer for an independent advocate if needed. Young people can be supported by an advocate from age 16+. Please see advice on our Information Now webpage about advocacy support to get your voice heard.